MATTER OF JAMES TALCOTT, INC. (WERTHEIMER)


284 A.D. 248 (1954)

In the Matter of the Arbitration between James Talcott, Inc., Respondent, and Manny Wertheimer, Doing Business as House of Sandman, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 8, 1954.


Attorney(s) appearing for the Case

Francis J. Ryan, Jr., of counsel (Hahn & Golin, attorneys), for respondent.

Arnold Schildhaus and Samuel Bernstein for appellant.

DORE, J. P., and BASTOW, J., concur; COHN and BOTEIN, JJ., dissent and vote to affirm.


CALLAHAN, J.

The appellant Wertheimer attacks an arbitration award of $10,456.07 (plus expenses) on the ground, in substance, that there was no written agreement for arbitration of any dispute involving such amount. The arbitration was conducted pursuant to the provisions of two written contracts between the appellant and Citation Fabrics, Inc. The appellant failed to appear and did not participate in the arbitration...

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